President Isaac Herzog sharply criticized the government’s decision Sunday not to honor a High Court of Justice ruling on the Second Authority for Television and Radio, warning that refusal to obey a court order crosses a fundamental democratic line.
“I have already made clear, and I will repeat it again and again: Failure to comply with a court ruling is a red line that must not be crossed under any circumstances,” Herzog said.
(Photo: Alex Kolomoisky)
The government’s decision centers on the Second Authority, the public body that regulates Israel’s commercial television and radio broadcasters. The High Court froze the government’s attempt to appoint a new council to the authority and ordered that the outgoing council continue to serve until a final ruling on petitions against the appointments. The government declared it would not recognize decisions or actions taken by that council, saying the court ruling contradicts the law.
Legal officials reacted with shock, calling the move an unprecedented and dangerous milestone in Israel’s constitutional crisis and in the confrontation between the executive and judicial branches. They said the decision reflects a sharp escalation in the government’s attitude toward the rule of law and warned that its consequences could extend beyond Israel’s internal constitutional order.
According to the officials, the government’s refusal to comply with the High Court ruling is part of a broader pattern that includes its effort to split the attorney general’s role and its attempt to change the method for selecting judges. Together, they said, these moves amount to “a complete regime change,” shifting Israel from a substantive liberal democracy to a formal democracy.
The officials also warned of possible international consequences, saying the move could damage Israel’s standing abroad and weaken its ability to argue that its own legal system is independent and capable of investigating alleged violations. Israel has relied on that argument in international forums, including in challenges related to arrest warrants against Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant.
That principle, known as complementarity, is central to the Rome Statute that underpins the International Criminal Court in The Hague. It holds that responsibility for investigating suspected offenses rests first with national legal systems, as long as they are independent and functioning effectively.